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FROST v. WEINBERGER

No. 73-C-1383.

375 F.Supp. 1312 (1974)

Claudia FROST, Individually and as the next friend of James Frost and Kristen Frost, minors, and as representatives of a class of all persons who are now or may in the future be entitled to receive survivors' benefits under the Social Security Act whose benefits have been or may be reduced without a prior hearing, Plaintiffs, v. Caspar WEINBERGER, as Secretary of the United States Department of Health, Education and Welfare, Defendant.

United States District Court, E. D. New York.

May 3, 1974.

Attorney(s) appearing for the Case

Susan Savitt, Nassau County Law Services Committee, Inc., Hempstead, N. Y., Rene H. Reixach, Greater Upstate Law Project, Monroe County Legal Assistance Corp., Rochester, N. Y., for plaintiffs.

Edward John Boyd V, Acting U. S. Atty., E. D. N. Y., for defendant; Lloyd H. Baker, Asst. U. S. Atty., of counsel.

DECISION AND ORDER

TRAVIA, District Judge.

The facts relevant to the legal issues presented to this court are not in dispute. Charles Frost, Jr., the husband of the plaintiff Claudia Frost and the father of the plaintiffs James and Kristen Frost, died on August 21, 1968, and was fully insured under the provisions of the Social Security Act, Title 42 U.S.C. § 414(a). In that same year, the plaintiffs began receiving survivors' benefits under the provisions...

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